APRA Membership Application Writer [email protected] QLD 3 Winn Street Fortitude Valley...
69
PLEASE READ AND COMPLETE REVERSE SIDE OF THIS FORM. Title index cards for all musical works of which you are the writer should also be completed. IPI number is NOT required for the first registration of title index cards. Index cards for musical works having more than one writer should be signed by all the writers of the works. For works that are jointly owned, separate application forms should be completed by each person having an interest and the share of fees payable to each should be shown. ACK APRA USE ONLY Nationality Date of Birth Pseudonym/Stage Name (if any) Band Name (if any) TELEPHONE FAX ( ) ( ) Manager or Contact Name EMAIL MOBILE Writing Style 1. Country 2. Electronic 3. Film/TV 4. Jazz 5. Jingles 6. New Age 7. Pop/Rock 8. Classical 9. Alternative 10. Blues & Roots 11. Dance (TECHNO) 12. World 13. Urban (R&B, FUNK, HIP HOP) 14. Metal 15. Gospel 16. Children’s 17. Other (PLEASE SPECIFY) State whether you are, or have been, a member of any Society or Organisation administering performing rights anywhere in the world. If so, give details: OFFICE USE ONLY DATE REC PPV A B LPR APRA Membership Application Writer Member Address: 16 Mountain St, Ultimo NSW 2007 Mailing Address: Locked Bag 5000, Strawberry Hills NSW 2012 Tel: (02) 9935 7900 Fax: (02) 9935 7999 Web: www.apra-amcos.com.au MA/NSW 07/06 AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED ABN 42 000 016 099 AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS SOCIETY LIMITED ABN 78 001 678 851 State Offices NSW/ACT Locked Bag 5000 Strawberry Hills NSW 2012 Ph: 02 9935 7900 [email protected] VIC/TAS 3 & 5 Sanders Place Richmond VIC 3121 Ph: 03 9426 5200 [email protected] QLD 3 Winn Street Fortitude Valley QLD 4006 Ph: 07 3257 1007 [email protected] SA Suite 54 55 Melbourne Street North Adelaide, SA 5006 Ph: 08 8239 2222 [email protected] WA Suite 1 12-20 Railway Road Subiaco, WA 6008 Ph: 08 9382 8299 [email protected] NZ Unit 113, Zone 23 21-23 Edwin Street Mt Eden, N.Z Ph: 09 623 2173 [email protected] Residential Address NUMBER STREET NAME STATE POSTCODE SUBURB / TOWN HOME TELEPHONE HOME FAX ( ) ( ) E-MAIL MOBILE Name MR / MRS / MISS / MS 3rd INITIAL SURNAME FIRST NAME SECOND NAME Postal Address NUMBER STREET NAME SUBURB / TOWN STATE POSTCODE BUSINESS TELEPHONE BUSINESS FAX ( ) ( ) Personal/SoleTrader ABN GST Registered Yes No All 4 pages MUST be completed ERROR REC ERROR RET I / C NO. EMAIL PPV A B / / ROY ADJ EFT CHECKED KEYED DATE ENTERED WEBSITE URL WWW. Eligible members vote electronically in the APRA AGM (Please tick if you would prefer hard copy ballot papers to be mailed to you) (Other than self)
Transcript of APRA Membership Application Writer [email protected] QLD 3 Winn Street Fortitude Valley...
PLEASE READ AND COMPLETE REVERSE SIDE OF THIS FORM.Title index cards for all musical works of which you are the writer should also be completed.IPI number is NOT required for the first registration of title index cards. Index cards formusical works having more than one writer should be signed by all the writers of the works.
For works that are jointly owned, separate application forms should be completed byeach person having an interest and the share of fees payable to each should be shown.
ACK APRA USE ONLY
Nationality Date of Birth
Pseudonym/Stage Name (if any)
Band Name (if any)
TELEPHONE FAX
( ) ( )Manager or Contact Name
EMAIL MOBILE
Writing Style 1. Country 2. Electronic 3. Film/TV 4. Jazz 5. Jingles 6. New Age 7. Pop/Rock 8. Classical
9. Alternative 10. Blues & Roots 11. Dance (TECHNO) 12. World 13. Urban (R&B, FUNK, HIP HOP) 14. Metal
15. Gospel 16. Children’s 17. Other (PLEASE SPECIFY)
State whether you are, or have been, a member of any Society or Organisationadministering performing rights anywhere in the world.
If so, give details:
OFFICE USE ONLYDATE REC
PPV A B LPR
APRA Membership ApplicationWriter Member
Address: 16 Mountain St, Ultimo NSW 2007 Mailing Address: Locked Bag 5000, Strawberry Hills NSW 2012Tel: (02) 9935 7900 Fax: (02) 9935 7999 Web: www.apra-amcos.com.au
MA/
NSW
07/
06
AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED ABN 42 000 016 099AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS SOCIETY LIMITED ABN 78 001 678 851
State OfficesNSW/ACTLocked Bag 5000Strawberry HillsNSW 2012Ph: 02 9935 [email protected]
VIC/TAS3 & 5 Sanders PlaceRichmondVIC 3121Ph: 03 9426 [email protected]
QLD3 Winn StreetFortitude ValleyQLD 4006Ph: 07 3257 [email protected]
SASuite 5455 Melbourne StreetNorth Adelaide, SA 5006Ph: 08 8239 [email protected]
WASuite 112-20 Railway RoadSubiaco, WA 6008Ph: 08 9382 [email protected]
NZUnit 113, Zone 2321-23 Edwin StreetMt Eden, N.ZPh: 09 623 [email protected]
Residential AddressNUMBER STREET NAME
STATE POSTCODE
SUBURB / TOWN
HOME TELEPHONE HOME FAX
( ) ( )
E-MAIL MOBILE
Name MR / MRS / MISS / MS3rd INITIALSURNAME FIRST NAME SECOND NAME
Postal AddressNUMBER STREET NAME SUBURB / TOWN
STATE POSTCODE BUSINESS TELEPHONE BUSINESS FAX
( ) ( )
Personal/SoleTrader ABN
GST Registered Yes No
All 4 pages MUST be completed
ERROR REC
ERROR RET
I / C NO.
EMAIL PPV A B / /
ROY ADJ
EFT
CHECKED
KEYED
DATE ENTERED
WEBSITE URL
WWW.
Eligible members vote electronically in the APRA AGM(Please tick if you would prefer hard copy ballot papers to be mailed to you)
(Other than self)
1. APPLICATION FOR MEMBERSHIPI apply for membership of Australasian Performing Right Association Limited ABN 42 000 016 099 of 16 Mountain St, Ultimo,New South Wales (APRA).
2. GRANT OF AUTHORITY PENDING ELECTION AS MEMBER
2.1 I acknowledge that this clause 2 applies until my admission as a member of APRA.
2.2 I request that APRA collect licence fees on my behalf in respect of those categories of performing rights to be assigned to APRA in theattached assignment of performing rights (Performing Rights) in musical works of which I am the copyright owner (Works).
2.3 I appoint APRA to be my agent to:(a) grant licences to exercise the Performing Rights in the Works; and(b) collect and recover fees for such use in accordance with the scale of fees fixed by APRA.
2.4 I agree to APRA deducting its costs and expenses incurred in collecting the fees.
2.5 For the purpose of collecting and recovering fees, or if there is any unauthorised exercise of any of the Performing Rights in the Works,I authorise APRA to commence such proceedings in my name as it may decide including recovery of fees or damages and injunctions torestrain unauthorised performance.
2.6 I will supply APRA on the form required by APRA from time to time with the title of each musical work of which I am the author or owner ofthe Performing Rights. I acknowledge that APRA is not under any obligation or liability to me in respect of any musical works of which I havefailed to notify the relevant details.
2.7 I will notify APRA of the exercise of Performing Rights in the Works by means of live performance of which I become aware.
2.8 I warrant that:(a) the information to be provided by me to APRA under this agreement will be complete and correct; and(b) none of the Works infringes the copyright in any other work.
2.9 I indemnify APRA against all damages, losses, costs, and expenses incurred by APRA arising out of a breach by me of a warranty contained inclause 2.8.
2.10 I will immediately notify APRA of any change in my address.
2.11 Prior to the Assignment in clause 3 below taking effect, this authority may be revoked by me by not less than 3 months’ written notice to APRA.
3. ASSIGNMENT OF PERFORMING RIGHTS
I acknowledge that the Assignment completed by me in the form set out in Annexure A takes effect on my election as a member of APRA.
Signed
Witness
Date
1. DEFINITIONS
Where commencing with a capital letter:
Act means the Copyright Act 1968;
Ballet means a choreographic work having a story, plot or abstract idea, devised or used for the purpose of interpretation by dancing or miming,but not country or folk dancing, tap dancing or precision dancing sequences;
Cinematograph Film has the same meaning as in the Act;
Copyright Work means:(a) any musical work whether existing before or after the date of this agreement;(b) any adaptation of any musical work; and(c) any song, lyric or other literary or dramatic work which has been written for the purpose of accompanying or being associated
with any musical work;
Dramatic Context means:(a) in conjunction with:
(i) acting;(ii) costumes;(iii) scenic accessories; and(iv) scripted dialogue or other dramatic effects; or
(b) as a Ballet;
Dramatico-musical Work means words and music written expressly for an opera, operetta, musical play, revue or pantomime;
Performing Rights means, subject to sub-paragraphs (i) to (iv) below, the rights, for the world, in relation to a Copyright Work of:(a) performing in public; and(b) communicating to the public, including broadcasting but does not include the following classes of works performed and/or communicated in
the following manner:(i) Dramatico-musical Works performed or communicated in their entirety;(ii) the performance in public in whole or in part of any musical work in a Dramatic Context;(iii) the performance or communication to the public of oratorios and large choral works
(that is, choral works written to exceed 20 minutes duration) in their entirety; or(iv) the performance or communication to the public in whole or in part of any music and any associated
words composed for a Ballet if accompanied by a visual representation of that Ballet or part of it,unless performed or communicated by means of a Cinematograph Film.
2. ASSIGNMENT
Subject to any reservation or assignment under Article 17 of APRA’s constitution, the Member assigns to APRA all Performing Rights in allCopyright Works which have been composed or written by the Member (whether alone or jointly with another composer or writer) at any timewhether before or after the date of this Assignment until the Member ceases to be a member of APRA, and all Performing Rights (including partsof shares of and interests in Performing Rights) in all Copyright Works which are now owned or are acquired or become owned by the Memberuntil the Member ceases to be a member of APRA.
This assignment is made onDATE
BetweenMEMBER
ofADDRESS
AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED ABN 42 000 016 099
16 Mountain St, Ultimo, New South Wales (APRA)and of
“Annexure A”
Assignment of Rights
AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED ABN 42 000 016 099AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS SOCIETY LIMITED ABN 78 001 678 851
State OfficesNSW/ACTLocked Bag 5000Strawberry HillsNSW 2012Ph: 02 9935 [email protected]
VIC/TAS3 & 5 Sanders PlaceRichmondVIC 3121Ph: 03 9426 [email protected]
QLD3 Winn StreetFortitude ValleyQLD 4006Ph: 07 3257 [email protected]
SASuite 5455 Melbourne StreetNorth Adelaide, SA 5006Ph: 08 8239 [email protected]
WASuite 112-20 Railway RoadSubiaco WA 6008Ph: 08 9382 [email protected]
NZUnit 113, Zone 2321-23 Edwin StreetMt Eden, N.ZPh: 09 623 [email protected]
Address: 16 Mountain St, Ultimo NSW 2007 Mailing Address: Locked Bag 5000, Strawberry Hills NSW 2012Tel: (02) 9935 7900 Fax: (02) 9935 7999 Web: www.apra-amcos.com.au
3. PAYMENTS AND GST
3.1 APRA must, from time to time, pay the Member the Member’s share (determined in accordance with APRA’s Constitution) of:(a) the moneys collected by APRA and its affiliated societies in respect of the Performing Rights of the Copyright Works of APRA members;
and(b) income arising from the investment of moneys collected.
3.2 If the Member is liable to pay goods and services tax (GST) in respect of this agreement, APRA must, in addition to the amount payable underClause 3.1, pay the Member an amount equal to the GST within 28 days after receiving the Member’s tax invoice and notice under Clause 3.3.,or in the case of a recipient generated tax invoice, in accordance with APRA’s standard procedures.
3.3 The Member must provide APRA with a tax invoice in accordance with GST law, unless APRA is entitled to issue a recipient created tax invoice.
4. NOTIFICATION
The Member agrees to immediately notify APRA on the form required by APRA from time to time of the title of each musical work of which theMember is the author or owner of the Performing Rights.
5. WARRANTIES
The Member warrants that:(a) the Member owns the copyright in the Copyright Works and is entitled to assign it in accordance with this agreement;(b) the works in respect of which the Performing Rights are assigned or purported to be assigned do not or will not as the case may be infringe the
copyright in any other work; and(c) the information to be provided by the Member to APRA under this agreement will be complete and correct.
6. INDEMNITY
The Member indemnifies APRA against all damages, losses, costs and expenses incurred by APRA arising out of a breach by the Member of awarranty in Clause 5.
7. FURTHER ASSURANCES
The Member agrees to sign all documents and do all things that APRA from time to time reasonably requests to effect, perfect or complete thisagreement.
8. DISPUTE RESOLUTION
The Member agrees that if any dispute arises between:(a) the Member and APRA; or(b) the Member and any other member of APRA,as to whether:
(i) a particular arrangement or transcription is sufficiently original to entitle it to be a separate copyright work; or(ii) a work claimed by the Member to be an original work is in fact original,
the opinion of APRA’s Board of Directors, or such person as may be appointed by the Board (whether a member of APRA or not)to determine the question, will be final and conclusive in relation to the allocation of moneys collected by APRA.
9. MISCELLANEOUS
9.1 A notice under this agreement must be in writing and may be given to a party by:(a) delivering it to the address of the party;(b) sending it by pre-paid post to the address of the party; or(c) sending it by facsimile to the facsimile number of the party,and the notice will be deemed to have been received by the party on receipt.
9.2 A facsimile is deemed to have been received on production of a transmission report by the machine from which the facsimile was sent whichindicates that the facsimile was sent in its entirety to the facsimile number of the party.
9.3 This agreement must be construed in accordance with the laws in force in the State of New South Wales and the parties agree to submit to thejurisdiction of New South Wales Courts.
Signature of Applicant
SIGNED AS AN AGREEMENTby the abovenamed in the presence of:
Signed for and on behalf of Australasian Performing RightAssociation Limited in the presence of:
Name of Applicant (PRINT)
Signature of Witness
Name of Witness (PRINT)
Signature of authorised person
Name of authorised person (PRINT)
Office held
Signature of Witness
Name of Witness (PRINT)
Application for Membership (Associate Publisher)
Head Office: 16 Mountain Street, Ultimo NSW 2007 Mailing Address: Locked Bag 5000, Strawberry Hills NSW 2012 Tel: (02) 9935 7900 Fax: (02) 9935 7999 Web: www.apra-amcos.com.au
AUStrALASiAN PerforMiNg rigHt ASSociAtioN LiMited ABN 42 000 016 099AUStrALASiAN MecHANicAL coPyrigHt oWNerS Society LiMited ABN 78 001 678 851
Branch Offices www.apra-amcos.com.auNSW/ACT16 Mountain Street
Ultimo
NSW 2007
Ph: 61 2 9935 7900
Fax: 61 2 9935 7999
VIC/TAS
3 & 5 Sanders Place
Richmond
VIC 3121
Ph: 61 3 9426 5200
Fax: 61 3 9426 5211
QLD
PO Box 1230
Fortitude Valley
QLD 4006
Ph: 61 7 3257 1007
Fax: 61 7 3257 1113
SA
Suite 54
55 Melbourne Street
Nth Adelaide SA 5006
Ph: 61 8 8239 2222
Fax: 61 8 8239 0744
NT
GPO Box 4519
Darwin NT 0801
M: 0447 447 646
WA
Suite 1
12-20 Railway Road
Subiaco WA 6008
Ph: 61 8 9382 8299
Fax: 61 8 9382 8224
NZ
Unit 113,
21-23 Edwin St
Mt Eden,Auckland
Ph: 09 623 2173
Fax: 09 623 2174
Applicant’s full name:
Trading name:
ABN: GST Registered: Yes No
Registered Address:
NUMBER STREET NAME SUBURB/TOWN
STATE POSTCODE
Postal Address:
NUMBER STREET NAME SUBURB/TOWN
STATE POSTCODE
BUSINESS TELEPhONE BUSINESS FAx MOBILE
EMAIL ADDRESS WEB ADDRESS
Signed for and on behalf of:
NAME OF BUSINESS
By:
DIRECTOR OR PUBLIC OFFICER
In the presence of:
Date:
WITNESS DD/MM/YYYY
In support of this application the following documentation is attached hereto:1. (a) Copy of certificate of registration of business name (b) Names and addresses of owners of business2. Copy of standard music publishing agreement used by the applicant business3. List of titles under control of the applicant business, together with names of composers/authors
1. AppLICATIoN for memberShIp We apply for membership of Australasian Performing Right Association Limited ABN 42 000 016 099 of
16 Mountain Street, Ultimo, New South Wales (AprA).
2. GrANT of AuThorITy peNDING eLeCTIoN AS member2.1 We acknowledge that this clause 2 applies until our admission as a member of APRA.
2.2 We request that APRA collect licence fees on our behalf in respect of those categories of performing rights to be assigned to APRA in the attached assignment of performing rights (performing rights) in musical works of which we are the copyright owner (Works).
2.3 We appoint APRA to be my agent to: (a) grant licences to exercise the Performing Rights in the Works; and (b) collect and recover fees for such use in accordance with the scale of fees fixed by APRA.
2.4 We agree to APRA deducting its costs and expenses incurred in collecting the fees.
2.5 For the purpose of collecting and recovering fees, or if there is any unauthorised exercise of any of the Performing Rights in the Works, we authorise APRA to commence such proceedings in our name as it may decide including recovery of fees or damages and injunctions to restrain unauthorised performance.
2.6 We will supply APRA on the form required by APRA from time to time with the title of each musical work of which we are the author or owner of the Performing Rights. We acknowledge that APRA is not under any obligation or liability to us in respect of any musical works of which we have failed to notify the relevant details.
2.7 We will notify APRA of the exercise of Performing Rights in the Works by means of live performance of which we become aware.
2.8 We warrant that: (a) the information to be provided by us to APRA under this agreement will be complete and correct; and (b) none of the Works infringes the copyright in any other work.
2.9 We indemnify APRA against all damages, losses, costs and expenses incurred by APRA arising out of a breach by us of a warranty contained in clause 2.8.
2.10 We will immediately notify APRA of any change in our address.
2.11 Prior to the Assignment in clause 3 below taking effect, this authority may be revoked by us not less than 3 months written notice to APRA.
3. ASSIGNmeNT of performING rIGhTS We acknowledge that the Assignment completed by us in the form set out in Annexure A takes effect on
our election as a member of APRA.
SIGNED WITNESS
DATE
Assignment of Rights
Head Office: 16 Mountain Street, Ultimo NSW 2007 Mailing Address: Locked Bag 5000, Strawberry Hills NSW 2012 Tel: (02) 9935 7900 Fax: (02) 9935 7999 Web: www.apra-amcos.com.au
AUStrALASiAN PerforMiNg rigHt ASSociAtioN LiMited ABN 42 000 016 099AUStrALASiAN MecHANicAL coPyrigHt oWNerS Society LiMited ABN 78 001 678 851
Branch Offices www.apra-amcos.com.auNSW/ACT16 Mountain Street
Ultimo
NSW 2007
Ph: 61 2 9935 7900
Fax: 61 2 9935 7999
VIC/TAS
3 & 5 Sanders Place
Richmond
VIC 3121
Ph: 61 3 9426 5200
Fax: 61 3 9426 5211
QLD
PO Box 1230
Fortitude Valley
QLD 4006
Ph: 61 7 3257 1007
Fax: 61 7 3257 1113
SA
Suite 54
55 Melbourne Street
Nth Adelaide SA 5006
Ph: 61 8 8239 2222
Fax: 61 8 8239 0744
NT
GPO Box 4519
Darwin NT 0801
M: 0447 447 646
WA
Suite 1
12-20 Railway Road
Subiaco WA 6008
Ph: 61 8 9382 8299
Fax: 61 8 9382 8224
NZ
Unit 113,
21-23 Edwin St
Mt Eden,Auckland
Ph: 09 623 2173
Fax: 09 623 2174
Annexure A
1. DefINITIoNS Where commencing with a capital letter: Act means the Copyright Act 1968; ballet means a choreographic work having told a story, plot or abstract idea, devised or used for the purpose of interpretation by dancing or miming, but not country or folk dancing, tap dancing or precision dancing sequences; Cinematograph film has the same meaning as in the Act; Copyright Work means: (a) any musical work whether existing before or after the date of this agreement; (b) any adaptation of any musical work; and (c) any song, lyric or other literary or dramatic work which has been written for the purpose of accompanying or being associated with any musical work; Dramatic Context means: (a) in conjunction with: (i) acting; (ii) costumes; (iii) scenic accessories; and (iv) scripted dialogue or other dramatic effects; or (b) as a Ballet; Dramatico-musical Work means words and music written expressly for an opera, operetta, musical play, revue or pantomime; performing rights means, subject to paragraphs (c) to (f) below, the rights, for the world, in relation to a Copyright Work of: (a) performing in public; and (b) communicating to the public including broadcasting, but does not include the following classes of works performed and/or communicated in the following manner: (c) Dramatico-musical Works performed or communicated in their entirety; (d) the performance in public in the whole or in part of any music work in a Dramatic Context; (e) the performance or communication to the public or oratorios and large choral works (that is, choral works written to exceed 20 minutes duration) in their entirety; or (f) the performance or communication to the public in whole or in part of any music and any associated words composed for a Ballet if accompanied by a visual representation of that Ballet of part of it, unless performed or communicated by means of a Cinematograph Film.
2. ASSIGNmeNT Subject to any reservation or assignment under Article 17 of APRA’s constitution, the Member assigns to APRA all Performing Rights in all Copyright Works which have been composed or written by the Member (whether alone or jointly with another composer or writer) at any time whether before or after the date of this Assignment until the Member ceases to be a member of APRA, and all Performing Rights (including parts of shares of an interests in Performing Rights) in all Copyright Works which are now owned or acquired or become owned by the Member until the Member ceases to be a member of APRA.
This assignment is made on (Date)
Between (Member)
Of (Address)
And of AuSTrALASIAN performING rIGhT ASSoCIATIoN LImITeD ABN 42 000 016 099 16 Mountain Street, Ultimo, New South Wales (APRA)
3. pAymeNTS AND GST3.1 APRA must, from time to time, pay the Member the Member’s share (determined in accordance with APRA’s
constitution) of: (a) the moneys collected by APRA and its affiliated societies in respect of the Performing Rights of the Copyright Works of the APRA members; and (b) income arising from the investment of moneys collected.
3.2 If the Member is liable to pay goods and services tax (GST) in respect of this agreement, APRA must, in addition to the amount payable under Clause 3.1, pay the Member an amount equal to the GST within 28 days after receiving the Member’s tax invoice and notice under Clause 3.3, or in the case of a recipient generated tax invoice, in accordance with APRA’s standard procedures.
3.3 the Member must provide APRA with a tax invoice in accordance with GST law, unless APRA is entitled to issue a recipient created tax invoice.
4. NoTIfICATIoN The Member agrees to immediately notify APRA on the form required by APRA from time to time of the title of each musical work of which the Member is the author or owner of the Performing Rights.
5. WArrANTIeS The Member warrants that: (a) the Member owns unencumbered the copyright in the Copyright Works and is entitled to assign it in accordance with this agreement; (b) the works in respect of which the Performing Rights are assigned or purported to be assigned do not or will not as the case may be infringe the copyright in any other work; and (c) the information to be provided by the Member to APRA under this agreement will be complete and correct.
6. INDemNITy The Member indemnifies APRA against all damages, losses, costs, and expenses incurred by APRA arising out of a breach by the Member of a warranty in Clause 5.
7. furTher ASSurANCeS The Member agrees to sign all documents and do all things that APRA from time to time reasonably requests to effect, perfect or complete this agreement.
8. DISpuTe reSoLuTIoN The Member agrees that if any dispute arises between: (a) the Member and APRA; or (b) the Member and any other member of APRA, as to whether: (i) a particular arrangement or transcription is sufficiently original to entitle it to be a separate copyright work; or (ii) a work claimed by the Member to be an original work is in fact original, the opinion of APRA’s Board of Directors, or such person as may be appointed by the Board (whether a member of APRA or not) to determine the question, will be final and conclusive in relation to the allocation of moneys collected by APRA.
9. mISCeLLANeouS9.1 A notice under this agreement must be in writing and may be given to a party by:
(a) delivering it to the address of the party; (b) sending it by pre-paid post to the address of the party; (c) sending it by facsimile to the facsimile number of the party, and the notice will be deemed to have been received by the party on receipt.
9.2 A facsimile is deemed to have been received on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the party.
9.3 This agreement must be construed in accordance with the laws in force in the State of New South Wales and the parties agree to submit to the jurisdiction of New South Wales Courts.
SIGNeD AS AN AGreemeNT Signed by the member in the presence of:
Signed for an on behalf of Australasian performing right Association Limited in the presence of:
Signature of Member Signature of authorised person
Name of Member (Print) Name of authorised person (Print)
Signature of witness Office held
Name of witness (Print) Signature of witness
Name of witness (Print)
Application for Membership (Full Publisher)
Head Office: 16 Mountain Street, Ultimo NSW 2007 Mailing Address: Locked Bag 5000, Strawberry Hills NSW 2012 Tel: (02) 9935 7900 Fax: (02) 9935 7999 Web: www.apra-amcos.com.au
AUStrALASiAN PerforMiNg rigHt ASSociAtioN LiMited ABN 42 000 016 099AUStrALASiAN MecHANicAL coPyrigHt oWNerS Society LiMited ABN 78 001 678 851
Branch Offices www.apra-amcos.com.auNSW/ACT16 Mountain Street
Ultimo
NSW 2007
Ph: 61 2 9935 7900
Fax: 61 2 9935 7999
VIC/TAS
3 & 5 Sanders Place
Richmond
VIC 3121
Ph: 61 3 9426 5200
Fax: 61 3 9426 5211
QLD
PO Box 1230
Fortitude Valley
QLD 4006
Ph: 61 7 3257 1007
Fax: 61 7 3257 1113
SA
Suite 54
55 Melbourne Street
Nth Adelaide SA 5006
Ph: 61 8 8239 2222
Fax: 61 8 8239 0744
NT
GPO Box 4519
Darwin NT 0801
M: 0447 447 646
WA
Suite 1
12-20 Railway Road
Subiaco WA 6008
Ph: 61 8 9382 8299
Fax: 61 8 9382 8224
NZ
Unit 113,
21-23 Edwin St
Mt Eden,Auckland
Ph: 09 623 2173
Fax: 09 623 2174
Name: OF COMPANy TO BE ELECTED
ABN: GST Registered: yes No
Registered Address:
NUMBER STREET NAME SUBURB/TOWN
STATE POSTCODE
Postal Address:
NUMBER STREET NAME SUBURB/TOWN
STATE POSTCODE
BUSINESS TELEPhONE BUSINESS FAx MOBILE
EMAIL ADDRESS WEB ADDRESS
Signed for and on behalf of:
NAME OF COMPANy
By:
DIRECTOR OR PUBLIC OFFICER
In the presence of:
Date:
WITNESS DD/MM/yyyy
In support of this application the following documentation is attached hereto:1. (a) Copy of certificate of registration of company (b) Names and addresses of Directors of company2. Copy of standard music publishing agreement used by the applicant company3. List of titles under control of the applicant company, together with names of composers/authors
1. AppLICATIoN for memberShIp We apply for membership of Australasian Performing Right Association Limited ABN 42 000 016 099 of
16 Mountain Street, Ultimo, New South Wales (AprA).
2. GrANT of AuThorITy peNDING eLeCTIoN AS member2.1 We acknowledge that this clause 2 applies until our admission as a member of APRA.
2.2 We request that APRA collect licence fees on our behalf in respect of those categories of performing rights to be assigned to APRA in the attached assignment of performing rights (performing rights) in musical works of which we are the copyright owner (Works).
2.3 We appoint APRA to be my agent to: (a) grant licences to exercise the Performing Rights in the Works; and (b) collect and recover fees for such use in accordance with the scale of fees fixed by APRA.
2.4 We agree to APRA deducting its costs and expenses incurred in collecting the fees.
2.5 For the purpose of collecting and recovering fees, or if there is any unauthorised exercise of any of the Performing Rights in the Works, we authorise APRA to commence such proceedings in our name as it may decide including recovery of fees or damages and injunctions to restrain unauthorised performance.
2.6 We will supply APRA on the form required by APRA from time to time with the title of each musical work of which we are the author or owner of the Performing Rights. We acknowledge that APRA is not under any obligation or liability to us in respect of any musical works of which we have failed to notify the relevant details.
2.7 We will notify APRA of the exercise of Performing Rights in the Works by means of live performance of which we become aware.
2.8 We warrant that: (a) the information to be provided by us to APRA under this agreement will be complete and correct; and (b) none of the Works infringes the copyright in any other work.
2.9 We indemnify APRA against all damages, losses, costs and expenses incurred by APRA arising out of a breach by us of a warranty contained in clause 2.8.
2.10 We will immediately notify APRA of any change in our address.
2.11 Prior to the Assignment in clause 3 below taking effect, this authority may be revoked by us not less than 3 months written notice to APRA.
3. ASSIGNmeNT of performING rIGhTS We acknowledge that the Assignment completed by us in the form set out in Annexure A takes effect on
our election as a member of APRA.
SIGNED WITNESS
DATE
Assignment of Rights
Head Office: 16 Mountain Street, Ultimo NSW 2007 Mailing Address: Locked Bag 5000, Strawberry Hills NSW 2012 Tel: (02) 9935 7900 Fax: (02) 9935 7999 Web: www.apra-amcos.com.au
AUStrALASiAN PerforMiNg rigHt ASSociAtioN LiMited ABN 42 000 016 099AUStrALASiAN MecHANicAL coPyrigHt oWNerS Society LiMited ABN 78 001 678 851
Branch Offices www.apra-amcos.com.auNSW/ACT16 Mountain Street
Ultimo
NSW 2007
Ph: 61 2 9935 7900
Fax: 61 2 9935 7999
VIC/TAS
3 & 5 Sanders Place
Richmond
VIC 3121
Ph: 61 3 9426 5200
Fax: 61 3 9426 5211
QLD
PO Box 1230
Fortitude Valley
QLD 4006
Ph: 61 7 3257 1007
Fax: 61 7 3257 1113
SA
Suite 54
55 Melbourne Street
Nth Adelaide SA 5006
Ph: 61 8 8239 2222
Fax: 61 8 8239 0744
NT
GPO Box 4519
Darwin NT 0801
M: 0447 447 646
WA
Suite 1
12-20 Railway Road
Subiaco WA 6008
Ph: 61 8 9382 8299
Fax: 61 8 9382 8224
NZ
Unit 113,
21-23 Edwin St
Mt Eden,Auckland
Ph: 09 623 2173
Fax: 09 623 2174
Annexure A
1. DefINITIoNS Where commencing with a capital letter: Act means the Copyright Act 1968; ballet means a choreographic work having told a story, plot or abstract idea, devised or used for the purpose of interpretation by dancing or miming, but not country or folk dancing, tap dancing or precision dancing sequences; Cinematograph film has the same meaning as in the Act; Copyright Work means: (a) any musical work whether existing before or after the date of this agreement; (b) any adaptation of any musical work; and (c) any song, lyric or other literary or dramatic work which has been written for the purpose of accompanying or being associated with any musical work; Dramatic Context means: (a) in conjunction with: (i) acting; (ii) costumes; (iii) scenic accessories; and (iv) scripted dialogue or other dramatic effects; or (b) as a Ballet; Dramatico-musical Work means words and music written expressly for an opera, operetta, musical play, revue or pantomime; performing rights means, subject to paragraphs (c) to (f) below, the rights, for the world, in relation to a Copyright Work of: (a) performing in public; and (b) communicating to the public including broadcasting, but does not include the following classes of works performed and/or communicated in the following manner: (c) Dramatico-musical Works performed or communicated in their entirety; (d) the performance in public in the whole or in part of any music work in a Dramatic Context; (e) the performance or communication to the public or oratorios and large choral works (that is, choral works written to exceed 20 minutes duration) in their entirety; or (f) the performance or communication to the public in whole or in part of any music and any associated words composed for a Ballet if accompanied by a visual representation of that Ballet of part of it, unless performed or communicated by means of a Cinematograph Film.
2. ASSIGNmeNT Subject to any reservation or assignment under Article 17 of APRA’s constitution, the Member assigns to APRA all Performing Rights in all Copyright Works which have been composed or written by the Member (whether alone or jointly with another composer or writer) at any time whether before or after the date of this Assignment until the Member ceases to be a member of APRA, and all Performing Rights (including parts of shares of an interests in Performing Rights) in all Copyright Works which are now owned or acquired or become owned by the Member until the Member ceases to be a member of APRA.
This assignment is made on (Date)
Between (Member)
Of (Address)
And of AuSTrALASIAN performING rIGhT ASSoCIATIoN LImITeD ABN 42 000 016 099 16 Mountain Street, Ultimo, New South Wales (APRA)
3. pAymeNTS AND GST3.1 APRA must, from time to time, pay the Member the Member’s share (determined in accordance with APRA’s
constitution) of: (a) the moneys collected by APRA and its affiliated societies in respect of the Performing Rights of the Copyright Works of the APRA members; and (b) income arising from the investment of moneys collected.
3.2 If the Member is liable to pay goods and services tax (GST) in respect of this agreement, APRA must, in addition to the amount payable under Clause 3.1, pay the Member an amount equal to the GST within 28 days after receiving the Member’s tax invoice and notice under Clause 3.3, or in the case of a recipient generated tax invoice, in accordance with APRA’s standard procedures.
3.3 the Member must provide APRA with a tax invoice in accordance with GST law, unless APRA is entitled to issue a recipient created tax invoice.
4. NoTIfICATIoN The Member agrees to immediately notify APRA on the form required by APRA from time to time of the title of each musical work of which the Member is the author or owner of the Performing Rights.
5. WArrANTIeS The Member warrants that: (a) the Member owns unencumbered the copyright in the Copyright Works and is entitled to assign it in accordance with this agreement; (b) the works in respect of which the Performing Rights are assigned or purported to be assigned do not or will not as the case may be infringe the copyright in any other work; and (c) the information to be provided by the Member to APRA under this agreement will be complete and correct.
6. INDemNITy The Member indemnifies APRA against all damages, losses, costs, and expenses incurred by APRA arising out of a breach by the Member of a warranty in Clause 5.
7. furTher ASSurANCeS The Member agrees to sign all documents and do all things that APRA from time to time reasonably requests to effect, perfect or complete this agreement.
8. DISpuTe reSoLuTIoN The Member agrees that if any dispute arises between: (a) the Member and APRA; or (b) the Member and any other member of APRA, as to whether: (i) a particular arrangement or transcription is sufficiently original to entitle it to be a separate copyright work; or (ii) a work claimed by the Member to be an original work is in fact original, the opinion of APRA’s Board of Directors, or such person as may be appointed by the Board (whether a member of APRA or not) to determine the question, will be final and conclusive in relation to the allocation of moneys collected by APRA.
9. mISCeLLANeouS9.1 A notice under this agreement must be in writing and may be given to a party by:
(a) delivering it to the address of the party; (b) sending it by pre-paid post to the address of the party; (c) sending it by facsimile to the facsimile number of the party, and the notice will be deemed to have been received by the party on receipt.
9.2 A facsimile is deemed to have been received on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the party.
9.3 This agreement must be construed in accordance with the laws in force in the State of New South Wales and the parties agree to submit to the jurisdiction of New South Wales Courts.
SIGNeD AS AN AGreemeNT Signed by the member in the presence of:
Signed for an on behalf of Australasian performing right Association Limited in the presence of:
Signature of Member Signature of authorised person
Name of Member (Print) Name of authorised person (Print)
Signature of witness Office held
Name of witness (Print) Signature of witness
Name of witness (Print)
